The Environmental Protection Agency wasn't required by the Clean Air Act to consider the cost of regulation when the agency determined it was "appropriate and necessary" to regulate power plant emissions of mercury and other hazardous air pollutants, the agency told the U.S. Supreme Court (Michigan v. EPA, U.S., No. 14-46, respondent briefs filed 2/25/15). In a brief filed Feb. 25, the EPA argued that industry and state government petitioners have failed to establish that Section 7412(n)(1)(A) of the Clean Air Act unambiguously compels the EPA to consider costs when making that determination, which triggered a requirement that the agency promulgate standards limiting power plant emissions. The agency in 2012 promulgated the mercury and air toxics standards (MATS), which is estimated to cost the power industry $9.6 billion annually.
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